Keenan

I respectfully dissent.

The seriousness of charging, and possibly imposing, the death penalty deserves close scrutiny of the entire judicial process, including the initial charging of special circumstances.

It is well established that “an accused in a criminal prosecution may compel discovery by demonstrating that the requested information will facilitate the ascertainment of the facts and a fair trial. [Citations.] The requisite showing may be satisfied by general allegations which establish some cause for discovery other than ‘a mere desire for the benefit of all information which has been obtained by the People in their investigation of the crime.’ [Citations.]” Pitchess v. Superior Court (1974) 11 Cal.3d 531, 536-537 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ]; see also *588 Griffin v. Municipal Court (1977) 20 Cal.3d 300, 306 [ 142 Cal.Rptr. 286 , 571 P.2d 997 ]; Arcelona v. Municipal Court (1980) 113 Cal.App.3d 523, 528-529 [ 169 Cal.Rptr. 877 ].) Unless there is some reason that information be kept confidential for the purposes of effective law enforcement, the state has no interest in denying a defendant access to all evidence that can throw light on issues in the case. (People…

Petitioner Maurice Keenan, who is charged with a capital offense, seeks a writ of mandate compelling respondent superior court to grant petitioner’s motions 1) to discover the prosecution’s policy regarding the charging of “special circumstances” (Pen. Code, § 190.2), 2) to have an independent and confidential analysis of physical evidence performed by defense criminalists, and 3) to order the prosecution to advise petitioner of the specific evidence that the prosecution intends to introduce in aggravation of the sentence at the penalty phase of trial pursuant to section 190.3 of the Penal Code.

On July 11, 1979, a complaint was filed in which petitioner and codefendant Robert Kelly were charged with murder, burglary, robbery, attempted robbery, and various firearm offenses. (§§ 187, 459, 211, 664, 12022.5.) Scheduled for arraignment in the municipal court on July 12, 1979, petitioner escaped from his holding cell. He was recaptured on August 6, 1979, after being arrested in Miami, Florida. A second complaint against the codefendants was filed on August 8, 1979. Neither the first nor the second complaint contained special circumstances allegations. On August 21, 1979,…

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien and William D. Stein, Assistant Attorneys General, Clifford K. Thompson, Jr., Ann K. Jensen and Morris Lenk, Deputy Attorneys General, for Real Party in Interest.

OPINION

SMITH, J.

Petitioner Maurice Keenan, who is charged with a capital offense, seeks a writ of mandate compelling respondent superior court to grant petitioner's motions 1) to discover the prosecution's policy regarding the charging of "special circumstances" (Pen. Code, § 190.2), 2) to have an independent and confidential analysis of physical evidence performed by defense criminalists, and 3) to order the prosecution to advise petitioner of the specific evidence that the prosecution intends to introduce in aggravation of the sentence at the penalty phase of trial pursuant to section 190.3 of the Penal Code. [1]

On July 11, 1979, a complaint was filed in which petitioner and codefendant Robert Kelly were charged with murder, burglary, robbery, attempted robbery, and various firearm offenses. (§§ 187, 459, 211, 664, 12022.5.) Scheduled for arraignment in the municipal court on July 12, 1979, petitioner…